THE MOST EXPENSIVE AND TRAUMATIC EXPERIENCE OF YOUR LIFE!

My first marriage ended in 1992 so I know what it's like. 

Unlike most of my matrimonial valuation Clients, I ignored my Solicitors advice, did not split everything that we had 50/50 and was made to sign a legal disclaimer to the effect that it was my choice that I ignored my Solicitors recommendations.

As there was a child involved, I chose to give everything to my then ex-wife and left the marriage with a £10,000 loan, which was to allow me the opportunity of "starting afresh".

You have no idea how many times I have regretted those financial actions, over the years!

I deal with quite a lot of matrimonial work, nowadays these being joint instruction reports from both Solicitors. My role is not to favour either side and to assess present day fair and realistically achievable market value.

I do not provide valuations that equate to the "marketing advice" offered by Estate Agents and Court Procedure Rules require that I produce a report that describes the property, explains its condition, particularly where matters of repair have a diminishing effect on value, and provide comparable evidence to justify the valuation that I give.

I have to ignore the usual human reactions in cases such as when Mrs X decides that she's had enough of Mr X and the kids and disappears to start a new life with someone else, leaving Mr X to continue working to support his family and his house, as well as being wholly responsible for the children.

Mrs X, of course, has started her fun filled new life and now wants 50% of every  last penny that is tied up in the house. Mrs X thinks that the house is worth a fortune!

I have to ignore my thoughts on Mr Y who decided to move on to a younger woman, leaving Mrs Y to look after the house, the children and also had to find a job to pay the bills because Mr Y isn't going to pay maintenance willingly.

He wants his 50% and, so it would appear, he couldn't give a toss what situation his former family will be in after the financial settlement has been made. Mr Y thinks that his house is worth a fortune!

How about Mr W, who is constantly in Court for non payment of maintenance to his children, proclaims that he doesn't have "two pennies to rub together", yet I know of his address and current lifestyle, which recently included purchase of a somewhat expensive flash German coupe.

As my final example, I give you Mr "I've recently had emergency surgery", who woke up one morning as a knife was plunged into his chest by his then wife (subsequently divorced on what could have been the ground of "unreasonable behaviour").

As a Valuer, I have to put aside all personal thoughts and produce a fair and realistic assessment of value. The value that I assess is that which I consider is relevant for the house, in the condition that I find it, with full reflection of market conditions as at the Valuation Report date.

Invariably, both sides have their own ideas on value, the party that has left having taken some sort of advice from a local Estate Agent who really doesn't know what he or she is doing, is often entirely unaware of the circumstances requiring the valuation and the expectations of value are far too high, particularly in the current market.

In earlier years, husband and wife had the opportunity to take their own separate advice, some opting to use Estate Agents figures (not wise) and others paying for professional valuations.

In those days, the divorce Judge would often look at the two valuations put before him by the two Solicitors and split the figures down the middle. Not the best approach!

Nowadays, the Courts require a Joint Expert Valuation Report, and wisely so.

I am very good at these, it my belief that I produce more than enough information to enable a Judge to be fully aware of the property, its condition, the state of the current market and to understand how I have valued, based on comparable evidence.

In the last few years, I have been asked by some Solicitors to review Joint Expert Valuation Reports and provide an independent opinion of value.

In one case, I established, at a very early stage, that the valuation was grossly incorrect, almost to the point of negligence on the Valuers behalf.

With my Report competing against the joint Expert Report, and with the information that I established to be relevant which, let's face it, should have been spotted by the other Valuer, the value of that property was agreed at £25,000 more than the Joint Report figure.

My Client, benefited to the tune of £12,500. A not inconsiderable amount.

The point of this? 

If you are divorcing and Solicitors have an Expert Valuation Report that provides a valuation that you are not happy with, we can provide you with a second opinion which could agree with the Joint Expert or, as is more likely, set a different value that is fully reflective of property condition and the then state of the market.

Let me give you an example.   If the house was valued mid 2008, it is not worth that now (January 2009). Values have dropped. It is fair to say that in this example one of the two parties to the divorce would be keen to see the valuation revised downwards.

All valuations are valid for the date of the Report and, in the current market, regular review is necessary.

Should you or your Solicitor be contacting me for an informal chat?